Only when a patient who is negligently killed by a physician or hospitals survived by a spouse or dependent child does Florida's Wrongful Death Act permit recovery the damages for pain and suffering, loss of companionship and support. Adult children of deceased parents are not allowed to bring a claim for the wrongful death of their parents. In all other situations, the right of action dies with the patient. Unfortunately, due to tort reform, many who suffer harm and even death at the hands of a negligent physician or hospital have no legal remedy. In summary, here is what the Wrongful Death Act provides:
1- A living spouse may recover for his or her own mental pain and suffering and loss of companionship, and the value of lost services including lost economic support if the decedent was employed. If the decedent spouse was NOT working, the surviving spouse cannot recover economic damages.
2- Any other blood relative wholly or partly dependant on the deceased person for support or services may recover for the value of those lost services or support.
3 Living children of the deceased person, if under the age of 25, may also recover damages for mental pain and suffering and loss of parental guidance and companionship.
4 If the deceased person was employed and he would have accumulated more assets over his remaining work-life expectancy, the estate of the deceased person may also recover for those lost assets. These damages are called "lost net accumulations of the estate".
5 The estate can also usually recover for any medical bills actually caused by the negligence and funeral expenses.
6 A medical malpractice action must be brought within two years from the date.
Attorney Mitchell L. Feldman, and the law firm of Feldman Fox & Morgado, P.A., handle wrongful death claims against hospitals and physicians routinely in State and Federal Courts across much of the State of Florida from our offices in TAMPA, OCALA, NAPLES AND MIAMI. When your loved one is unexpectedly killed or dies from questionable circumstances while receiving treatment from a physician or hospital, you owe it to yourself to consult an experienced medical malpractice attorney like Mitchell L. Feldman to get answers. With offices in Ocala, Tampa, Naples and Miami, we handle the most serious and complex of medical malpractice cases throughout much of the State of Florida, including the counties of: Hillsborough, Pinellas, Sarasota, Manatee, Polk, Pasco, Marion, Monroe, Collier, Dade, Broward, Alachua and Levy. Call Attorney Mitchell L. Feldman and Feldman Fox & Morgado, PA now for your FREE INITIAL CONSULTATION, or email us directly from this website by clicking here.
